Pursuant to the rulemaking authority in N.J.S.A. 45:11-24, and the requirements of N.J.S.A. 45:1-7.1, 7.2 and 7.3, the New Jersey Board of Nursing (the Board) proposes changes to N.J.A.C. 13:37-5.2 dealing with the biennial renewal of nurse licensure. N.J.S.A. 45:1-7.1, 7.2 and 7.3 set forth standards for renewal of licensure that every professional licensing board is required to follow. These standards include procedures for renewal of licensure, procedures for obtaining an inactive license, returning to active license after holding an inactive license, procedures for the automatic suspension of licensure for non-renewal and procedures for the reinstatement of suspended licenses. The Board is proposing to repeal N.J.A.C. 13:37-5.2 and replace it with a new rule to effectuate these standards for nurses. The Board is proposing to repeal the provisions of N.J.A.C. 13:37-5.4 and proposes to reserve this section. N.J.A.C. 13:37-5.4 currently deals with inactive and active nursing licenses, as procedures for inactive and active nursing licenses are part of the proposed new rules at N.J.A.C. 13:37-5.2, this rule will be superseded. The Board is also proposing amendments to N.J.A.C. 13:37-5.5 to correct a mistaken citation at paragraph (a)7 and to rename the "lapsed license fee" as the "reinstatement fee" at paragraph (a)8, to correspond to proposed amendments to N.J.A.C. 13:37-5.2.
The Board has determined that the comment period for this proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The proposed amendments, repeals and new rule clarify the renewal process and implement new procedures for licensees who petition the Board to resume active practice after holding an inactive license, or are returning to active licensure from suspension or inactive licensure. These new procedures ensure that licensees are sufficiently prepared to safely and effectively practice as nurses after a period of professional inactivity.

Economic Impact

Proposed N.J.A.C. 13:37-5.2 requires all licensees to renew licensure biennially and to pay the license renewal fee. Licensees will bear the cost of paying the renewal fee. Proposed N.J.A.C. 13:37-5.2 also imposes requirements for individuals who are returning to active licensure from suspension or inactive licensure.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments, repeals or new rule.

Jobs Impact

Proposed new N.J.A.C. 13:37-5.2 dictates that any licensee who fails to renew licensure be suspended and cease practicing as a nurse. This will not change the number of jobs available in the State, but may affect the pool of licensees available to perform nursing services.

Agriculture Industry Impact

The Board does not believe that the proposed amendments, repeals or new rule will have any impact on the agriculture industry of this State.

Regulatory Flexibility Analysis

Since the individuals who will be required to renew licensure under the proposed amendments, repeals and new rule will be individually licensed by the Board under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.
The costs imposed by the rules are the same for all licensees as set forth above in the Economic Impact statement. The Board does not believe that licensees will need to employ any professional services to comply with the requirements of the proposed amendments, repeals or new rule. The proposed amendments, repeals and new rule impose no reporting or recordkeeping requirements, but impose compliance requirements upon licensees.
Proposed new N.J.A.C. 13:37-5.2 imposes renewal requirements on all licensees in order to ensure that every nurse is properly licensed to perform nursing services. Therefore, no differing compliance requirements are imposed upon any licensee or applicant for licensure.

Smart Growth Impact

The Board does not anticipate that the proposed amendments, repeals, or new rule will have any impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

13:37-5.2 Biennial license renewal

[Licenses shall be valid for two calendar years, except that initial licenses shall be valid from the date the applicant passed the examination to the end of the then current biennial period.]

(a) Licenses shall be renewed biennially on a form provided by the Board.

(b) The Board shall send a notice of renewal to each licensee at the address registered with the Board, at least 60 days prior to the expiration of the license. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the holder for failure to renew.

(c) The licensee shall submit the renewal application and pay the renewal fee pursuant to N.J.A.C. 13:37-5.5(a)6 prior to the date of expiration of the license. If the licensee does not renew the license prior to its expiration date, the license shall expire, but the licensee may renew it no later than 30 days after its expiration date by submitting a renewal application and paying a renewal fee and a late fee pursuant to N.J.A.C. 13:37-5.5(a)6 and 7. A licensee who fails to renew the license within 30 days after the expiration date of the license shall be administratively suspended without a hearing.

(d) Individuals who continue to hold themselves out as licensed after being administratively suspended shall be deemed to have violated N.J.A.C. 13:37-5.1, even if no notice of suspension has been received by the person at the address registered with the Board.

(e) A person seeking reinstatement within five years following an administrative suspension of a license pursuant to (c) above shall submit the following to the Board:

1. A completed reinstatement application;

2. Payment of all past delinquent renewal fees as set forth in N.J.A.C. 13:37-5.5(a)6;

3. Payment of a reinstatement fee as set forth in N.J.A.C. 13:37-5.5(a)8;

4. A certification verifying completion of the continuing education hours required pursuant to N.J.A.C. 13:37-5.3 for the renewal of a license; and

5. An affidavit of employment listing each job held during the period of suspension, which includes the names, addresses, and telephone numbers of each employer.

(f) A person seeking reinstatement after more than five years following the administrative suspension of a license shall reapply for licensure. The applicant shall fulfill all of the initial licensure requirements found at N.J.A.C. 13:37-2.1.

(g) Renewal applications for all licenses shall provide the licensee with the option of either active or inactive status. Licensees may choose paid or unpaid inactive status. The Board shall send any communications it sends to active licensees to licensees on paid inactive status. Licensees electing to renew as inactive shall not hold themselves out to the public or practice as licensees.

(h) Upon application to the Board, the Board may permit a licensee who has been on inactive status to return to active status.

(i) A licensee who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon submission of the following:

1. A completed reactivation application;

2. Evidence of completion of the continuing education hours required pursuant to N.J.A.C. 13:37-5.3 for the renewal of a license, within the immediately preceding two years;

3. An affidavit of employment listing each job held during the period the licensee was on inactive status, which includes the name, address, and telephone number of each employer; and

4. One of the following renewal fees:

i. For licensees who did not pay the inactive renewal fee, the active renewal fee set forth in N.J.A.C. 13:37-5.5(a)6i; or

ii. For licensees who paid the inactive renewal fee, the difference between the amount paid for inactive renewal set forth in N.J.A.C. 13:37-5.5(a)6ii and the active renewal fee set forth in N.J.A.C. 13:37-5.5(a)6i.

(j) A licensee who has been on inactive status for more than five years who wishes to return to the practice of nursing shall reapply for licensure. The applicant shall fulfill all of the initial licensure requirements found at N.J.A.C. 13:37-2.1.

13:37-5.4 [Categories of licenses] (Reserved)

[(a) Licenses shall be divided into two categories known as "active" and "inactive" licenses. All persons engaged in any type of nursing practice shall have an active license. An individual who is eligible for an active license but who is not engaged in any type of nursing practice may request an inactive license.

(b) Before engaging in nursing practice, a holder of an inactive license shall register with the Board as active and pay the active biennial license fee as set forth at N.J.A.C. 13:37-5.5(a). A licensee who changes status from inactive to active shall submit evidence to the Board that he or she has completed 30 credits of continuing education which meets the requirements of N.J.A.C. 13:37-5.3.]

13:37-5.5 Fee schedule

(a) The following fees shall be charged by the Board in connection with licensure of professional and practical nurses: